The Constitutional Court of Romania rejected the challenge filed by 53 deputies belonging to the AUR, SOS Romania and POT parties and confirmed the constitutionality of the Law approving Government Emergency Ordinance No. 21/2026 regarding the implementation of the European instrument “Security Action for Europe” (SAFE).
The legislative package examined by the Court is complex in nature and concerns both the access to and use of European loans intended for public procurement in the defence sector, as well as amendments to certain financing components of the National Recovery and Resilience Plan (NRRP). Furthermore, the legislative act includes measures aimed at strengthening the administrative capacity of local public authorities, amendments to the legal framework governing the civil service and the Administrative Code, as well as derogations applicable to public procurement legislation for the year 2026.
In its analysis, the Constitutional Court held that the adoption, through a Government Emergency Ordinance, of this legislative package intended to implement Council Regulation (EU) 2025/1106 of 27 May 2025 establishing the “Security Action for Europe” (SAFE) Instrument, as well as regulating certain aspects relating to the NRRP, local public administration, the civil service, the Administrative Code and public procurement, complies with constitutional requirements and falls within the limits established by the Constitution.
According to the Constitutional Court, the contested provisions do not contravene the constitutional provisions set out in Article 1(3) concerning the rule of law, Article 1(4) concerning the principle of separation and balance of powers within constitutional democracy, Article 1(5) concerning the principle of legality, Article 61(1) concerning the role of Parliament, Article 111 regarding Parliament’s right to information, Article 115(4) and (6) concerning the conditions for the adoption of Government Emergency Ordinances, Article 120 concerning the fundamental principles of local public administration, Article 121 regarding communal and town authorities, Article 138 concerning the national public budget, as well as Article 148(2) and (4) regarding Romania’s integration into the European Union.
The authors of the challenge argued that the Government had exceeded its constitutional limits by adopting this package of measures through a Government Emergency Ordinance and alleged violations of several constitutional provisions relating to the legislative process and the functioning of public authorities. However, the Constitutional Court rejected these arguments and confirmed the constitutionality of the legislative act.
The Constitutional Court’s decision removes constitutional uncertainty regarding the legislative framework necessary for the implementation of the SAFE Programme and allows the continuation of the measures provided for therein. Furthermore, the ruling confirms the validity of the related legislative amendments concerning NRRP financing, local public administration, the civil service and the public procurement framework for the year 2026.